Dorota Irena Hagel

The applicant sought to remove the estate trustee (her brother) and appoint an Estate Trustee During Litigation (ETDL) for their deceased father's estate.

Despite previous court orders and warnings, the respondents, particularly the brother, failed to participate, file material, or approve orders, leading to the estate's house mortgage falling into arrears.

The court ultimately appointed a replacement estate trustee and, in this endorsement, addressed the issue of costs.

The court found the respondents' inaction and allegations to be an abuse of process, warranting substantial indemnity costs against them, jointly and severally, including recovery of the applicant's litigation loan interest.

This decision addresses two applications concerning the estates of Anna Wojtaszynski and Bruno Wojtaszynski.

Daniela Lis, as Anna's Estate Trustee, sought a passing of accounts for two periods.

Mary Korol, a beneficiary and Bruno's Estate Trustee, objected to several disbursements and Daniela's compensation.

The court ordered the payment of a debt from Anna's Estate to Bruno's Estate.

It disallowed certain legal fees and an early distribution to one beneficiary (Liliane Brown) from Anna's Estate, citing the "even-hand rule." The court found that GICs received by Mary Korol were a gift, not an advance on inheritance, and the claim was time-barred.

Daniela's trustee compensation was reduced, not due to misconduct, but because some administrative work was performed by legal and accounting professionals.

The court noted that both parties contributed to the protracted litigation due to animosity and distrust, ordering them to bear their own costs for Bruno's Estate application.

This endorsement addresses the finalization of an order appointing an Estate Trustee During Litigation (ETDL) following a motion heard on November 21, 2023.

The applicant's counsel submitted a draft order, which the respondents failed to approve or comment on.

The court reviewed the draft order, providing detailed comments and corrections, particularly regarding the scope of the ETDL's powers, indemnities, and the proper form of orders (Form 59C).

The judge removed clauses that were not sought or granted in the original motion, or that were deemed overreaching or legally unsupported, and instructed the applicant to revise the draft order for resubmission and further approval process.

The applicant, the separated spouse of the deceased, brought a motion for production of documents, repayment of legal fees to the estate, and interim support in the context of a dependant's relief application.

The deceased had left his entire estate to his sister, the respondent.

The court ordered the respondent to produce the required documents and repay $9,999.91 to the estate, finding she was in a conflict of interest by using estate funds to defend the claim in her personal capacity.

The court also found the applicant met the test for interim support and awarded her a lump sum of $30,000.

The court reviewed lengthy costs submissions following an earlier endorsement that converted an application into an action, necessitating a trial due to serious allegations and contentious evidence.

The court determined that the costs of the two attendances before it ought to be reserved to the trial judge, as a proper adjudication of the merits and credibility assessment required a full trial.

The court converted an application into a trial due to serious allegations of misappropriation of estate funds and credibility issues that could not be resolved on affidavit evidence.

The respondent Estate Trustee was ordered to pay $400,000 into court and restricted from taking further steps as Estate Trustee without consent or court order, pending the trial.